CPB Contractors Pty Ltd

[2019] FWCA 7154

[2019] FWCA 7154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd
(AG2019/3447)

CPB CONTRACTORS PTY LTD CROSS RIVER RAIL - TUNNEL AND SHAFT GREENFIELDS AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 OCTOBER 2019

Application for approval of the CPB Contractors Pty Ltd Cross River Rail - Tunnel and Shaft Greenfields Agreement 2019-2023.

[1] On 12 September 2019, an application was made for approval of an enterprise agreement known as the CPB Contractors Pty Ltd Cross River Rail – Tunnel and Shaft Greenfields Agreement 2019-2023 (Tunnel and Shaft Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by CPB Contractors Pty Ltd (CPB). The Agreement is a greenfields agreement.

[2] The Tunnel and Shaft Agreement relates to work to be performed by CPB in relation to the Cross River Rail Project in South-East Queensland (Project). The Project is “Queensland’s highest priority infrastructure project.” 1 The Project is estimated to cost around $5.4 billion and generate 7,700 jobs during construction.

[3] Employment on the Project by CPB is awaiting approval of the Tunnel and Shaft Agreement.

[4] Given the importance of the Project, the Commission, as presently constituted:

a) expedited the approval process of the Tunnel and Shaft Agreement, and
b) issues this decision in advance of reasons for decision, which will follow in due course.

[5] Approval of the Tunnel and Shaft Agreement is opposed by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (together the Intervening Unions).

[6] Having considered:

a) the material contained in the application and accompanying statutory declarations filed by a representative of CPB and The Australian Workers’ Union (AWU),
b) the material filed in the matter in compliance with the Directions I issued on 30 September 2019, including, without limitation, the materials filed by the Intervening Unions, and
c) the evidence received today,

I am satisfied that each of the requirements of ss.186 and 187 of the FW Act, as are relevant to this application for approval have been met, including, without limitation, that it is in the public interest to approve the Tunnel and Shaft Agreement.

[7] An undertaking has been given and this undertaking has become a term of the Tunnel and Shaft Agreement in accordance with s.191(2) of the FW Act. It is appended at Annexure A.

[8] Based on the statutory declaration provided by AWU and the materials filed by it in these proceedings, I am satisfied that the AWU, the employee organisation to be covered by the Tunnel and Shaft Agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Tunnel and Shaft Agreement in relation to work that is to be performed under it.

[9] The Tunnel and Shaft Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 October 2019. The nominal expiry date of the Tunnel and Shaft Agreement is 15 October 2023.

COMMISSIONER

Annexure A

 1   Queensland Government Media release, 20 February 2018.

Printed by authority of the Commonwealth Government Printer

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